Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council
Council Meeting
Kaupapataka
Agenda
First meeting following the 2022 Triennial Elections
Te Rā Hui: |
Thursday, 3 November 2022 |
Te Wā: |
1.00pm |
Te Wāhi: |
Council Chamber Ground Floor Civic Administration Building Lyndon Road East Hastings |
Te Hoapā: |
Democracy and Governance Services P: 06 871 5000 | E: democracy@hdc.govt.nz |
Te Āpiha Matua: |
Chief Executive - Nigel Bickle |
Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council
CouncilMeeting
Kaupapataka
Agenda
Mematanga: |
Tiamana Chair: Mayor Sandra Hazlehurst Ngā KaiKaunihera Councillors: Ana Apatu, Marcus Buddo, Alwyn Corban, Malcolm Dixon, Michael Fowler, Damon Harvey, Henry Heke, Kellie Jessup, Tania Kerr, Eileen Lawson, Renata Nepe, Simon Nixon, Ann Redstone, Wendy Schollum, and Kevin Watkins |
Tokamatua: |
8 members |
Apiha Matua |
Chief Executive – Nigel Bickle |
Te Rōpū Manapori me te Kāwanatanga |
Louise Stettner (Extn 5018) |
Te Rārangi Take
Order of Business
1.0 1.1 |
Karanga - Whakatau Karakia Whakatūwheratanga |
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2.0 |
Apologies & Leave of Absence – Ngā Whakapāhatanga me te Wehenga ā-Hui An apology from Councillor Harvey has been received. At the close of the agenda no requests for leave of absence had been received. |
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3.0 |
Conflict of Interest – He Ngākau Kōnatunatu Members need to be vigilant to stand aside from decision-making when a conflict arises between their role as a Member of the Council and any private or other external interest they might have. This note is provided as a reminder to Members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest. If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the relevant item of business and withdraw from participating in the meeting. If a Member thinks they may have a conflict of interest, they can seek advice from the General Counsel or the Manager: Democracy and Governance (preferably before the meeting). It is noted that while Members can seek advice and discuss these matters, the final decision as to whether a conflict exists rests with the member. |
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4.0 |
Confirmation of Minutes – Te Whakamana i Ngā Miniti No previous minutes to confirm. |
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5.0 |
Making and Attesting of Declaration of the Mayor |
7 |
6.0 |
Making and Attesting of Declarations of Elected Members |
11 |
7.0 |
Appointment of Deputy Mayor Following 2022 Local Government Triennial Elections |
15 |
8.0 |
Interim Appointment and Delegation Arrangements Pending the Introduction of the 2022-2025 Committee Structure and Proposed Schedule of Meetings for November/December 2022 |
17 |
9.0 |
Conflicts of Interest |
29 |
10.0 |
Legislation Affecting Members |
31 |
11.0 |
Appointment of Councillors to Hastings District Rural Community Board |
37 |
12.0 |
Minor Items – Ngā Take Iti |
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13.0 |
Urgent Items – Ngā Take Whakahihiri |
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Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council: Council Meeting
Te
Rārangi Take
Report to Council
Nā: From: |
Louise Stettner, Manager, Democracy & Governance Services |
Te Take: Subject: |
Making and Attesting of Declaration of the Mayor |
1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The purpose of this report is to describe the process for receiving the declarations of the Mayor and Councillors.
1.2 This first meeting of the Council following the 2022 triennial elections will be opened by the Chief Executive, Mr Nigel Bickle, in the Chair. The Chief Executive will receive and witness the oral declaration of the Mayor. (Attachment 1)
1.3 Mayor Hazlehurst will then assume the Chair and receive the oral declarations of the Councillors which will be witnessed by the Mayor and the Chief Executive.
2.0 Recommendations - Ngā Tūtohunga That the Council receive the report titled Making and Attesting of Declaration of the Mayor dated 3 November 2022.
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3.0 Background
3.1 Schedule 7, Part 1, clause 21 of the Local Government Act 2002 states:
“The chief executive (or, in the absence of the chief executive, a nominee of that officer) must chair the meeting until the chairperson has made and attested the declaration required under clause 14”
3.2 Schedule 7, Part 1, clause 14 of the Local Government Act 2002 states:
“(1) A person may not act as a member of a local authority until –
(a) That person has, at a meeting of the local authority following the election of that person, made an oral declaration in the form set out in subclause (3); and
(b) A written version of the declaration has been attested as provided under subclause (2)
(2) The written declaration must be signed by the member and witnessed by:
(b) the mayor; or …
(d) the chief executive of the local authority.”
1⇩ |
Declaration of Mayor |
CG-16-2-01229 |
|
Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council: Council Meeting
Te
Rārangi Take
Report to Council
Nā: From: |
Louise Stettner, Manager, Democracy & Governance Services |
Te Take: Subject: |
Making and Attesting of Declarations of Elected Members |
1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The purpose of this report is to describe the process for receiving the declarations of the Councillors.
1.2 The Chief Executive having received and witnessed the oral declaration of the Mayor, Mayor Hazlehurst will then assume the Chair and receive the oral declarations of the Councillors (Attachment 1) which will be witnessed by the Mayor and Chief Executive.
2.0 Recommendations - Ngā Tūtohunga That the Council receive the report titled Making and Attesting of Declarations of Elected Members dated 3 November 2022.
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3.0 Background – Te Horopaki
3.1 Schedule 7, Part 1, clause 21 of the Local Government Act 2002 states:
“The chief executive (or, in the absence of the chief executive, a nominee of that officer) must chair the meeting until the chairperson has made and attested the declaration required under clause 14”
3.2 Schedule 7, Part 1, clause 14 of the Local Government Act 2002 states:
“(1) A person may not act as a member of a local authority until –
(a) That person has, at a meeting of the local authority following the election of that person, made an oral declaration in the form set out in subclause (3); and
(b) A written version of the declaration has been attested as provided under subclause (2)
(2) The written declaration must be signed by the member and witnessed by:-
(b) the mayor; or …
(d) the chief executive of the local authority.”
1⇩ |
Declaration for Councillors |
CG-16-2-01228 |
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Item 6 Making and Attesting of Declarations of Elected Members |
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Declaration for Councillors |
Attachment 1 |
Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council: Council Meeting
Te
Rārangi Take
Report to Council
Nā: From: |
Louise Stettner, Manager, Democracy & Governance Services |
Te Take: Subject: |
Appointment of Deputy Mayor Following 2022 Local Government Triennial Elections |
1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 In accordance with section 21 of the Local Government Act 2002, at its first meeting of the triennium the Council is required to elect a Deputy Mayor under clause 17 of schedule 7 of the Local Government Act 2002.
1.2 “(3) The deputy mayor or deputy chairperson must perform all the responsibilities and duties, and may exercise all the powers, of the mayor or chairperson,-
(a) With the consent of the mayor or chairperson, at any time during the temporary absence of the mayor or chairperson,
(b) Without that consent, at any time while the mayor or chairperson is prevented by illness or other cause from performing the responsibilities and duties, or exercising the powers, or his or her office,
(c) While there is a vacancy in the office of the mayor or chairperson.
(4) In the absence of proof to the contrary, a deputy mayor or deputy chairperson acting as mayor or chairperson is presumed to have the authority to do so.
(5) A deputy mayor or deputy chairperson continues to hold his or her office as deputy mayor or deputy chairperson, so long as he or she continues to be a member of the territorial authority or regional council, until the election of his or her successor.
1.3 Section 41A of the Local Government Act 2002 empowers the Mayor among other things to appoint a Deputy Mayor.
Section 41A provides in part:
41A Role and powers of mayors
(1) The role of a mayor is to provide leadership to—
(a) the other members of the territorial authority; and
(b) the people in the district of the territorial authority.
(2) Without limiting subsection (1), it is the role of a mayor to lead the development of the territorial authority’s plans (including the long-term plan and the annual plan), policies, and budgets for consideration by the members of the territorial authority.
(3) For the purposes of subsections (1) and (2), a mayor has the following powers:
(a) to appoint the deputy mayor:
(b) to establish committees of the territorial authority:
(c) to appoint the chairperson of each committee established under paragraph (b), and, for that purpose, a mayor—
(i) may make the appointment before the other members of the committee are determined; and
(ii) may appoint himself or herself
1.4 In accordance with the provisions of Section 41A (3) (a) of the Local Government Act 2002 Mayor Hazlehurst has indicated that she will appoint a Deputy Mayor.
1.5 Clause 5.1 of the Council’s Standing Orders require that the name of any appointment is tabled at the first meeting after the appointment.
There are no attachments for this report.
Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council: Council Meeting
Te
Rārangi Take
Report to Council
Nā: From: |
Louise Stettner, Manager, Democracy & Governance Services |
Te Take: Subject: |
Interim Appointment and Delegation Arrangements Pending the Introduction of the 2022-2025 Committee Structure and Proposed Schedule of Meetings for November/December 2022 |
1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The purpose of this report is to obtain a decision from the Council on the adoption of the proposed Meeting Schedule for November / December 2022. The report also proposes interim Council decisions regards representation on outside bodies until the end of the year, which are required to convene before the next Council meeting.
1.2 Interim Appointments and Delegation Arrangements
1.3 The Local Government Act 2002 provides that all existing elected members vacate their positions when the members elected at the triennial election come into office, which is the day after the public notice officially declaring the result of the election is published. Thus even if a member is re-elected they actually leave and then come back into office as a new member.
1.4 In addition, any existing committee is deemed to be discharged on the coming into office of the members elected at that election. As a result of these provisions all Committees and appointments need to be re-made.
1.5 Some appointments and delegation arrangements need to “roll over” into this triennium to ensure that decision making can continue in the interim which is compliant with relevant legislation.
1.6 Civic and Administration Subcommittee
1.7 Decision making on Temporary Road Closure applications is one of the fields of activity of the Civic and Administration Subcommittee. The lead up to Christmas and the summer season is a busy time for events. While at the time of writing this report there are no applications for road closures for decision making it is proposed that this Subcommittee and its delegations should continue until the new committee structure is adopted. This will ensure that any matters that require decision-making within this Subcommittee’s delegations can be addressed in a timely manner.
1.8 Prior to the 2022 elections, the membership of the Subcommittee was Councillor Dixon (Chair) Nixon, Harvey, Lawson, Schollum, Watkins and Councillors O’Keefe and Travers. As Councillors O’Keefe and Travers retired prior to the election it is proposed that Council appoint Councillors Dixon, Nixon, Harvey, Lawson, Schollum, Watkins and two other Councillors to this Committee in the interim.
1.9 Joint Waste Futures Projects Steering Committee
1.10 The Joint Waste Futures Projects Steering Committee is a Joint Committee of Hastings District and Napier City Council comprising three Councillors from each Council. It is proposed that this Joint Committee and membership should continue. This Committee is required to make decisions related to the Joint Waste Minimisation Contestable Fund on the 2nd of December 2022.
1.11 The membership of the Joint Waste Futures Projects Steering Committee for the 2019-2022 triennium was Councillor Redstone (Chair), Nixon and Siers. As, Councillor Siers retired prior to the election it is proposed that Council appoint Councillor Redstone, Nixon and one other Councillor to this Committee in the interim.
1.12 Ōmarunui Refuse Landfill Joint Committee
The Ōmarunui Refuse Landfill Joint Committee is a Joint Committee of Hastings District and Napier City Councils and it is scheduled to meet on 2 December 2022 to review the Landfill Fees and Charges. Hastings District Council has 4 members and one alternate. The Council’s appointees on the Landfill Committee were previously Councillors Redstone and Nixon, and retired Councillors O’Keefe and Siers, with Councillor Lawson as alternate. It is proposed that Council appoint Councillors Redstone, Nixon, Lawson and one other Councillor to this Committee in the interim.
1.13 Hastings District Council: Tangata Whenua Wastewater Joint Committee
1.14 The Hastings District Council: Tangata Whenua Wastewater Joint Committee is established between Hastings District Council and representation of Tangata Whenua. It is proposed that this Joint Committee and membership should continue. This Committee is scheduled to meet on 5 December 2022 to ensure progress with the Nine Year Review Report, of the existing consent which is required by the East Clive Wastewater Treatment Plant. Hastings District Council is the consent holder of this consent. Membership of this Joint Committee includes 5 Councillors and one Councillor (Alternate) and 5 Tangata Whenua representatives, appointed by Council.
1.15 The membership of the Hastings District Council: Tangata Whenua Wastewater Joint Committee for the 2019-2022 triennium included Councillors Nixon, O’Keefe, Oli, Siers, Watkins and Travers. As, Councillors O’Keefe, Oli, Siers and Travers retired prior to the election it is proposed that Council appoint Councillors Nixon and Watkins and four other Councillors to this Committee in the interim.
1.16 The Tangata Whenua appointees to the Committee just prior to the end of last triennium were Beverley Te Huia, Evelyn Ratima and Marei Apatu (Chair). It is proposed that these appointments be “rolled over” in the interim also. The Tangata Whenua appointees have indicated that they are happy with this interim arrangement.
1.17 For your information, Attachment 1 includes the Terms of Reference for the Civic and Administration Subcommittee; the Joint Waste Futures Projects Steering Committee; the Ōmarunui Refuse Landfill Joint Committee and the Hastings District Council: Tangata Whenua Wastewater Joint Committee.
1.18 Local Government New Zealand (LGNZ) Zone 3 meeting
1.19 LGNZ has organised a Zone 3 meeting (a meeting of all the councils in the lower North Island (Zone 3) on 24/25 November 2022 in Whanganui. The Council’s representatives on Zone 3 were previously Councillor Dixon as lead and a pool of all councillors.
1.20 It is recommended that the Council appoint Councillor Dixon and two other Councillors to represent Council at the Zone 3 meeting in Whanganui on 24/25 November 2022.
1.21 Draft Reserve Management Plan – Hearing of Submissions
1.22 The Strategy and Policy Committee at its meeting held on Thursday 23 June 2022 recommended that Council hear and consider all submissions in respect of the Eskdale Park, Frimley Park, (Tainui, Tanner, Tauroa, Hikanui Reserves and Keith Sands Grove), Draft Reserve Management Plans (RMP’s)
1.23 A substantial number of submissions have been received in response to the RMP’s. It is recommended that submissions for the draft Frimley Park Reserve Management Plan be heard on 28 November 2022. It is recommended that dates for hearing the remaining two Draft Reserve Management Plans are set for February and March 2023 with specific dates to be set in the December Council meeting.
Meetings
1.24 Schedule 7, part 1, section 21(5) (d) of the Local Government Act 2002 requires the Council to set a date and time for its first ordinary meeting following the triennial local authority elections. The first ordinary meeting of the Council is proposed to be held on 8 December 2022 commencing at 1.00pm.
1.25 It is recommended that the following meeting schedule for November/December 2022 be approved.
Council / Committee |
Date |
Time |
Venue |
Council (Frimley Park Reserve Management Plan submissions commence)
|
28 November 2022 |
9.00 am |
Council Chamber |
Joint Waste Futures Project Steering Committee
|
2 December 2022 |
10:30am |
Council Chamber |
Ōmarunui Refuse Landfill Joint Committee
|
2 December 2022
|
1.00 pm |
Council Chamber |
Hastings District Council: Tangata Whenua Wastewater Joint Committee
|
5 December 2022
|
10 am |
Council Chamber |
Council |
8 December 2022 |
1.00 pm |
Council Chamber
|
1⇩ |
Terms of Reference: Civic & Administration, Joint Waste; Ōmarunui Landfill; Tangata Whenua Wastewater |
CG-17-1-00004 |
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Item 8 Interim Appointment and Delegation Arrangements Pending the Introduction of the 2022-2025 Committee Structure and Proposed Schedule of Meetings for November/December 2022 |
|
Terms of Reference: Civic & Administration, Joint Waste; Ōmarunui Landfill; Tangata Whenua Wastewater |
Attachment 1 |
Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council: Council Meeting
Te
Rārangi Take
Report to Council
Nā: From: |
Scott Smith, General Counsel |
Te Take: Subject: |
Conflicts of Interest |
1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The purpose of this report is to inform members about the following Conflicts of Interest statement that appears on order papers for council and committee meetings.
1.2 An explanation of the Local Authorities (Members’ Interests) Act 1968 (LAMIA) appears in the General Counsel’s report titled ‘Legislation Affecting Members’.
1.3 However, members may also have non-financial conflicts of interest. The Conflict of Interest statement serves as a reminder to members to scan the agenda and assess their own private interests and identify where they may have a pecuniary or other conflict of interest, or where there may be perceptions of conflict of interest.
Clauses 20.7 and 20.8 of the Hastings District Council Standing Orders provides as follows:
“20.7 Financial conflicts of interests
Every member present at a meeting must declare any direct or indirect financial interest that they hold in any matter being discussed at the meeting, other than an interest that they hold in common with the public.
No member may vote on, or take part in, a discussion about any matter in which they have a direct or indirect financial interest unless an exception set out in s.6 LAMIA applies to them, or the Auditor-General has granted them an exemption or declaration under s.6.
Members with a financial interest should physically withdraw themselves from the table unless the meeting is in public excluded in which case they should leave the room.
Neither the Chairperson nor the meeting may rule on whether a member has a financial interest in the matter being discussed. The minutes must record any declarations of financial interests and the member’s abstention from any discussion and voting on the matter.
“20.8 Non-financial conflicts of interests
Non-financial interests always involve questions of judgement and degree about whether the responsibility of a member of a local authority (or local or community board) could be affected by some other separate interest or duty of that member in relation to a particular matter. If a member considers that they have a non-financial conflict of interest in a matter they must not take part in the discussions about that matter or any subsequent vote.
The member must leave the table when the matter is considered, but does not need to leave the room. The minutes must record the declaration and member’s subsequent abstention from discussion and voting.
Neither the Chairperson nor the meeting may rule on whether a member has a non-financial interest in the matter being discussed”.
2.0 Recommendations - Ngā Tūtohunga That the Council receive the report titled Conflicts of Interest dated 3 November 2022.
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There are no attachments for this report.
Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council: Council Meeting
Te
Rārangi Take
Report to Council
Nā: From: |
Scott Smith, General Counsel |
Te Take: Subject: |
Legislation Affecting Members |
1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The Chief Executive has asked for a report for Councillors and Community Board members summarising legislation affecting elected members. Such a paper is attached to fulfil the requirements of Schedule 7, Clause 21 of the Local Government Act 2002 (Attachment 1).
1.2 The paper refers specifically to Councillors rather than “members”. Members of the Rural Community Board are similarly bound by the same provisions in respect of the operations of the Board.
1.3 The Chief Executive arranged for a more detailed briefing of Councillors during their induction.
2.0 Recommendations - Ngā Tūtohunga That the Council receive the report titled Legislation Affecting Members dated 3 November 2022.
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1⇩ |
Key Legislation Affecting Elected Members - Inaugural Council Meeting 3 November 2022 |
CG-17-1-00003 |
|
Item 10 Legislation Affecting Members |
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Key Legislation Affecting Elected Members - Inaugural Council Meeting 3 November 2022 |
Attachment 1 |
Thursday, 3 November 2022 |
Te Hui o Te Kaunihera ā-Rohe o Heretaunga
Hastings District Council: Council Meeting
Te
Rārangi Take
Report to Council
Nā: From: |
Louise Stettner, Manager, Democracy & Governance Services |
Te Take: Subject: |
Appointment of Councillors to Hastings District Rural Community Board |
1.0 Purpose and summary - Te Kaupapa Me Te Whakarāpopototanga
1.1 The purpose of this report is to obtain a decision from Council to appoint 3 members of the Council to the Hastings District Rural Community Board.
1.2 The Local Government Commission Determination (dated 4 April 2022) for the general election of the Hastings District Council held on 8 October 2022, requires that the membership of the Hastings District Rural Community Board will be as follows:
1.3 (i) 1 member elected by the electors of the Tūtira Subdivision
(ii) 1 member elected by the electors of the Kaweka Subdivision
(iii) 1 member elected by the electors of the Maraekākaho Subdivision
(iv) 1 member elected by the electors of the Poukawa Subdivision
(v) 3 members of the Council representing the Mōhaka General, Kahurānaki General, and Takitimu Māori Wards and appointed to the Community Board by the Council.
1.4 The inaugural meeting of the Rural Community Board will take place after the Inaugural Council Meeting on 3 November 2022. At that meeting, the elected Community Board Members and the three Council appointees will make their declarations as Members of the Hastings District Rural Community Board.
2.0 Background
2.1 The Rural Community Board is not a committee of Council. It is a separately elected body.
2.2 Prior to the 2022 Determination, the Council appointees to the Rural Community Board were the Councillors for the Mōhaka and Kahurānaki General Wards.
2.3 Following its decision in May 2021 to establish Māori Ward/s, the Council was required to undertake a review of its representation arrangements prior to the next elections in October 2022. The Council undertook the representation review process in 2021 and its final proposal was forwarded to the Local Government Commission for consideration in November 2021.
2.4 The Local Government Commission conducted a hearing in early 2022 and released its decision (Determination) in April 2022.
3.0 Recommendations - Ngā Tūtohunga A) That Council receive the report titled Appointment of Councillors to Hastings District Rural Community Board dated 3 November 2022. B) That the Council appoint the following Councillors to the Hastings District Rural Community Board: Councillor for the Kahurānaki General Ward Councillor Marcus Buddo Councillor for the Mōhaka General Ward Councillor Tania Kerr Councillor for the Takitimu Māori Ward Councillor ……………………………..
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